Jones v. Cooley Lake Club
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The testimony admitted by the court, over the objection of defendant, as to the cost of seed corn, and expense of hands and teams, and other expenses, in planting and plowing the corn, was not an element of damage and was not the correct measure of damage. Foncannon v. Kirksville, 88 Mo. App. 279; Tegeler et ux. v. Kansas City, 95 Mo. App. 162. (2) Instruction numbered 1, given for plaintiffs, is faulty.
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Appeal from Clay Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The testimony admitted by the court, over the objection of defendant, as to the cost of seed corn, and expense of hands and teams, and other expenses, in planting and plowing the corn, was not an element of damage and was not the correct measure of damage. Foncannon v. Kirksville, 88 Mo. App. 279; Tegeler et ux. v. Kansas City, 95 Mo. App. 162. (2) Instruction numbered 1, given for plaintiffs, is faulty. It authorized a recovery for injury to plaintiffs’ land, on the ground that it was rendered “less valuable for farming…
1Opinion of the CourtEllison, J.
Plaintiffs were proprietors of a farm of fifty-five acres near a body of water called Cooley Lake. The defendant is an organization known as “Cooley Lake Club.” Plaintiffs’ cause of action is founded on the claim that defendant partially dammed the outlet to the lake, causing it to rise to a higher level and overflow a portion of the land and to saturate the remainder with water, so that it prevented the use of the portion covered with water and so injured the productive quality of the remainder, as to cause two crops of corn planted thereon to fall much short of what it should have been.…
2Cases cited2 opinions
- Norris v. WhyteSupreme Court of Missouri · 1900
- Knight Bros. v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1906
3Cited by10 opinions
- Happy v. KentonSupreme Court of Missouri · 1952
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Hopper v. Elkhorn Valley Drainage DistrictNebraska Supreme Court · 1922
- Moore v. St. Louis Southwestern Railway CompanyMissouri Court of Appeals · 1957
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
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